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Adoption

Adoption creates supportive, loving families for children, teens and adults. There are three types of adoption: adoption from foster care, international adoption and private domestic adoption. Most adoptions in the United States are through the foster care system.

The Colorado Department of Human Services’ goal is to keep children and youth with their birth families. However, there are certain situations in which that is not possible or in the best interest of the child. In those situations, we seek adoptive families for the children and youth in foster care. There is always a need for families, especially for sibling groups and older youth.

Interested in adopting?

The Colorado Heart Gallery is both a traveling photography display and website dedicated to finding families for children and teens in foster care who are waiting for a family. It is a collaboration among CDHS, the Adoption Exchange, counties throughout the state and volunteer professional photographers. Get answers to frequently asked questions and meet many of the children and teens waiting for you today.

You are never too old to be adopted​

An adult adoption is a court process that creates a legal relationship between a person older than 18 who wishes to be adopted and an adult or adults who wish to adopt. When a petition for an adult adoption is granted by a judicial officer, usually a judge, a formal and lasting relationship is formed. An adult adoption also has the additional benefit of allowing the adult adoptee to receive the emotional and psychological benefits from having a legally recognized family.

Compare adoption through foster care with adult adoption

Families come in all shapes and sizes, and they change as children become adults. Adults who have emancipated from foster care or those who do not have supportive family relationships know firsthand that families look different for everyone. They understand that the pain caused by the lack of meaningful family connections can linger well into adulthood. The truth is you never outgrow the need for a family.

However, many young people do enter adulthood with a strong connection to a supportive adult — such as a guardian, relative, teacher, mentor, coach or former foster parent — who has become a parent figure.

Adult adoption is the formalization of an existing parent-like relationship. It establishes a family for a young adult and a permanent, life-long connection. There is no age limit for adoption, and the adult adoption process is significantly different from the process to adopt a minor.

Adult adoptions should be considered when more traditional forms of adoption may be challenging or when a young person is 18 or older. An adult adoption provides the adopted adult with legal status for inheritance and also demonstrates the whole family’s commitment to the relationship. Compare adoption through foster care with adult adoption.

Adult Adoption’s Impact On Benefits

An adult’s benefits should not be affected by an adult adoption because the adopting parents are not obligated to financially support their adult child. If the adoptive parents provide financial support then that support may be considered when the adoptee applies for financial assistance, such as a scholarship, that includes a needs assessments.

Before completing an adult adoption, check with the agencies and/or organizations that provide benefits and ensure that the benefits will not be impacted.

Medicaid: Adult adoption does not affect Medicaid eligibility.

Chafee Independent Living Program: For young people who were in foster care on or after their 18th birthday, adult adoption does not affect eligibility for Chafee services. Chafee services are available until a young person turns 21.

Independent Status for Financial Aid: Adult adoption will not affect a student’s eligibility for independent status if they were in foster care at any point after their 13th birthday. Independent Status allows the student’s financial aid to be calculated without regard to parental income.

Education and Training Vouchers (ETV): Adult adoption will not affect eligibility for ETVs, which must be received prior to turning 21 and can be extended until age 23, if the young adult is continuing to pursue a degree or certificate.

Supplemental Security Income (SSI): A young adult receiving adult SSI should not have their benefits affected by adult adoption.

Adult adoption process and costs

Overall, an adult adoption can be a quick process and can often be completed within 90 days. Adult adoption requires the consent of the adult wishing to be adopted as well as the individual, or individuals, wishing to adopt. Once everyone has discussed the level of commitment involved and is in agreement with moving forward, they should review the instructions and forms for adult adoption located at the Colorado Judicial Branch website. Completed forms must be filed with the local court that hears juvenile matters. When the forms have been properly filed with all parties in agreement a judicial officer, usually a judge, will decide whether or not to grant the adoption.

A lawyer is not required, but should be consulted if the family encounters any difficulty understanding the process or pursuing adult adoption.

A home study is not necessary to complete the adult adoption process.
The adoption generally does not require an actual hearing, but one can be requested when the paperwork is filed. A hearing may provide a formal symbol to the young adult of the commitment being made. A name change is not required in an adult adoption, but can be requested by the individual being adopted when completing the paperwork.

Adult adoption in Colorado does not affect the rights of biological parents, and they do not need to be notified of an adult adoption proceeding.

​Adult adoption costs $167 per adult being adopted as well as $20.75 for each decree of adoption to be certified. If the person filing the paperwork cannot afford the adult adoption costs, he or she can complete paperwork with the court to request the cost to be waived. More information on adult adoption can also be found in the Colorado Revised Statutes at section 14-1-101, C.R.S.

Resources, policies and forms regarding adoption

Adoption Assistance in Colorado

Adoption Assistance in Colorado

The Adoption Assistance and Child Welfare Act of 1980 established a program of adoption assistance, strengthened the program of foster care assistance for needy and dependent children, and improved the child welfare, social services, and aid to families with dependent children programs. The Act required States to make adoption assistance payments, which take into account the circumstances of the adopting parents and the child, to parents who adopt a child who is AFDC-eligible and is a child with special needs.

The Act defines a child with special needs as a child who:

Cannot be returned to the parent’s home

Has a special condition such that the child cannot be placed without providing assistance

Has not been able to be placed without assistance

Adoption Assistance in Colorado

Adoption assistance is intended to help or remove financial or other barriers to the adoption of Colorado children with special needs by providing assistance to the parent(s) in caring for and raising the child.

Financial support and/or services are provided to adoptive parent(s) in certain defined and limited ways to meet the needs of an eligible adopted child. at a minimum if a family receives adoption assistance from a county the adopted child is eligible for Medicaid.

There are three ways that an adoptee or birth parent can access identifying information on the other party.

A Judge in a District or Juvenile Court can release the information for what the statute states in the Colorado Children’s Code, 19-1-309 as "good cause shown." You should contact the District Court or Juvenile Court where your adoption was finalized, if you are an adoptee. Contact the court where you relinquished, if you are a birth parent. The courts vary in their willingness to release information and many do not release information except for serious medical problems.

The Colorado Voluntary Adoption Registry, located at the Colorado Department of Public Health and Environment, will release information if both parties register. The adoptee must be 18 years of age. Siblings can now register.

The Adoption Confidential Intermediary Program was enacted by the legislature in 1989 and establishes a process for trained confidential intermediaries, appointed by the court, to arrange contact among consenting adult adoptees (age 18), adoptive parents, birth parents and siblings. You should petition the court where the adoption was finalized, if you are an adoptee or adoptive parent. You should petition the court of relinquishment, if you are a birth parent or sibling to initiate the procedure.

Colorado Confidential Intermediary Service

Any adoptee, adoptive parent, biological parent, biological sibling, adoptive grandparent*, biological grandparent*, adult descendant of the adoptee*, legal guardian of the adoptee*, spouse of the adoptee*, adult stepchild of the adoptee*, and adopted adult sibling of the adoptee* who is 18 years of age or older may file a Motion, with Supporting Affidavit, in the court where the adoption took place. You need not personally appear to file a petition. Petitions are obtained by getting on the website. Click on Self Help/Forms at the top; click on All Forms & Instructions; click Adoption; click All Adoption Forms; and then click Order of Appointment of Confidential Intermediary to download the form. The Petitions are also available to fill out and print directly from the Colorado Investigative Resource Services (COIRS) website in the "Confidential Intermediary Appointment Process" section.

The Motion and Supporting Affidavit will request the court to appoint the chief confidential intermediary, which in turn will assign a trained intermediary to determine the location of the sought for relative. (No one shall seek to determine the whereabouts of a relative who is younger than age 18.) No court filing fee is required and the court may rule and appoint the chief confidential intermediary without a hearing. If no confidential intermediary is available for assignment, the court and the petitioner will be notified that the case is pending and an approximate date of assignment will be given.

The statute concerning the adoption intermediary program specifically states that no public funds can be used; therefore the actual intermediary training and search is provided by an approved private organization, Colorado Investigative Resource Services (CORIS). This organization charges a fee, which may vary from case to case. Visit the CORIS website for more information.

If the Petition is filed in the Court of relinquishment and adoption took place in another court, the relinquishment court should transfer the matter to the adoption court by Minute Order. The petitioner should be notified by the court that the matter has been transferred but will not reveal the name of the adoption court to the birth relative.

Only the trained confidential intermediary, including the trained chief confidential intermediary, on the current State Judicial Department list may inspect adoption, relinquishment and termination records. The information obtained by the confidential intermediary during the course of his or her investigation is strictly confidential and shall be utilized only for the purpose of arranging a contact between the searching individual and the sought-after party. At the conclusion of a case, depending on the result of the search, the chief confidential intermediary may be able to separately attach items from the adoption record that will be requested by the petitioner from the court.

Once a sought-after party is located, the confidential intermediary shall obtain a "voluntary, informed written consent" from the sought after party that he or she wishes to personally communicate with the Petitioner. C.R.S. § 19-5-302 (8). The confidential intermediary shall then present to the court the consent received from the sought after party prior to any contact being made between the parties. If the sought-after party does not consent to contact, the case is closed. At the conclusion of any search, all relinquishment and adoption records and any information obtained by the confidential intermediary will be returned to the court and will remain confidential.

Confidential intermediaries are required to inform the Petitioner and the sought after biological relative of the existence of the Colorado Voluntary Adoption Registry set forth in C.R.S. § 25-2-113.5.

It is a criminal violation if a confidential intermediary fails to comply with C.R.S. § 19-5-3O4 (3) and (4). It is a Class 2 Petty Offense.

Resources

Adoptees In Search
An information and support group for adult adoptees who are searching for their birth parents. An information registry, monthly meetings an post-reunion discussion group available.